O¥-3309PL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I : DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, = = £ ca Petitioner, = wa S o ! Case Nos, 2006-0499 > faa vs. ; = oe e STEPHEN R. CORREIA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against STEPHEN R. CORREIA, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified General Contractor, in the State of Florida, having been issued license number CG C003789. 3. Respondent's address of record is 10904 Benttree Place, Tampa, Florida 33618- 4116. 4 At all times material hereto, Respondent was licensed as the qualifying agent for Greystone Construction Corp. (hereinafter referred to as "Contractor"), a Florida corporation. 5 5 The Contractor was issued qualified business organization certificate of authority number QB22864._ S. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about October 4, 2006 the Contractor filed a voluntary Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the Middle District of Florida, Case No. 8:06-bk-05385-PMG. On or about June 20, 2007, the Contractor’s Chapter 11 bankruptcy case was converted to a Chapter 7 bankruptcy case. 7. This is an action or proceeding by a governmental unit to enforce the governmental unit’s police and regulatory power and is exempted by 11 U.S.C. §362(b)(4) from the bankruptcy automatic stay in 11 U.S.C. §362(a). 8. On or about June 30, 2005 the Contractor entered into a written contract with Margaret Nielsen (hereinafter referred to as “Nielsen”) to re-shingle the mansard portion of the roof of Nielsen’s residence located at 926 Tropic Drive, Vero Beach, Florida 32963. 9. The contract price was Four Thousand Eight Hundred dollars ($4,800.00). 10. From about June 30, 2005 to July 14, 2005 Nielsen made payments to the Contractor totaling Four Thousand Six Hundred Forty Six dollars and Seventy Eight cents ($4,646.78), and Nielsen received credit from the Contractor toward the contract price for a payment by Nielsen to a roofing supply company in the amount of One Hundred Fifty Three dollars and Twenty Two cents ($153.22). The total of the payments to the Contractor and to the roofing supply company was equal to the full contract price. 11. The Contractor applied to the Indian River County building department for a building permit for the project. The application was approved and on or about July 5, 2005 building permit number 2005070205 was issued. 12, The Contractor performed, or attempted to perform, the work called for by the contract: On or about July 8, 2005, the building department inspected the Contractor’s work and issued a passing roof dry-in inspection. On or about July 20, 2005 the building department inspected the Contractor’s work and issued a failed final inspection, with the inspector’s written comment “Asphalt shingles not approved for application on an inverted surface. If engineer approves face-nailing and sealing inverted areas of mansard with letter of certification I will accept it also.” 13. | Onor about November 5, 2005 the Contractor performed further work in an effort to address the failed final inspection, but on or about December 12, 2005 the building department inspected the Contractor’s work and issued another failed final inspection, with the inspector’s written comment “I will not approve this installation without a letter from either the shingle manufacturer or an independent engineer certifying this application and method of installation.” 14. Around July 2006 the Contractor performed further work in an effort to address the failed final inspections, but on or about July 21, 2006 the building department issued another failed final inspection, with the inspector’s written comment “Inverted roof section seems to have been solved with wood siding and new drip edge drip edge not lapped 2” per [Florida Building Code] all openings in drip edge corners must be sealed all exposed nails must be sealed.” Thereafter, and without just cause and notice to Nielsen, the Contractor failed to perform further work, thereby abandoning the project. COUNTI 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 16. Based upon the foregoing, the Respondent violated Section 489.129(1)(), Florida Statutes (2004), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. . COUNT It 17. __ Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count II. 18. Based upon the foregoing, the Respondent violated Section 489.129(1)(0), Florida Statutes (2004), by proceeding on any job without obtaining applicable local building department permits and inspections, by failing to obtain a passing final inspection for the project in this case. - COUNT HI 19. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IT. 20. Based upon the foregoing, the Respondent violated Section 489.129(1)(m), Florida Statutes (2004), by committing incompetency or misconduct in the practice of contracting. . WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing . +) > Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not. to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this qt day of Decent 2007. YT heed. Te, E. d PC Found: December 4, 2007 THEODORE R. GAY Div. I: Del Vecchio & Cox ASSISTANT GENERAL COUNSEL COUNSEL FOR DEPARTMENT: Theodore R. Gay fk \ L E D Regulation Assistant General Counsel Department of Business and rt val Department of Business and DEPUTY Professional Regulation Michele 8240 NW 52nd Terrace, #304 Prandin Miami, FL 33166 ela- ~ 900 (305) 470-6783 Ext. 2225 DATE TRGhka Case #2006-049979

Docket for Case No: 08-003302PL